Strachan and Henshaw Ltd v Stein Industrie (UK) Ltd
Strachan and Henshaw Ltd v Stein Industrie (UK) Ltd
- 1997
- Construction Law Journal [1997] 13 Const.L.J. 418-438(21) .
QBD 20 November 1996. Plaintiff sub-contractor H claimed monies for `walking time` of operatives between the site works and cabins situated half a mile away. H claimed that it had contracted with I on the basis that such cabins would be close to the working area. In an interim award limited to liability the arbitrator dismissed H`s claim. H applied for award to be set aside or remitted on grounds that the arbitrator had misconducted himself or the proceedings in making findings on matters not pleaded or put in issue by either party and based on findings of fact where there was no evidence. "Held" Parts of the award either to be set aside or remitted.
ARBITRATION ACT 1950
ARBITRATORS' MISCONDUCT
BREACH OF CONTRACT
MISREPRESENTATION
STRACHAN AND HENSHAW LTD V STEIN INDUSTRIE (UK) LTD
QBD 20 November 1996. Plaintiff sub-contractor H claimed monies for `walking time` of operatives between the site works and cabins situated half a mile away. H claimed that it had contracted with I on the basis that such cabins would be close to the working area. In an interim award limited to liability the arbitrator dismissed H`s claim. H applied for award to be set aside or remitted on grounds that the arbitrator had misconducted himself or the proceedings in making findings on matters not pleaded or put in issue by either party and based on findings of fact where there was no evidence. "Held" Parts of the award either to be set aside or remitted.
ARBITRATION ACT 1950
ARBITRATORS' MISCONDUCT
BREACH OF CONTRACT
MISREPRESENTATION
STRACHAN AND HENSHAW LTD V STEIN INDUSTRIE (UK) LTD